Hunter Biden requested the judge in his criminal gun case subpoena former President Donald Trump and three officials from Trump’s Justice Department in an attempt to uncover evidence that the criminal prosecution of Biden was motivated by politics and driven by Trump, according to a new filing Wednesday.
In the request, Biden’s lawyer says the president’s son is seeking “specific information … that goes to the heart of his defense that this is, possibly, a vindictive or selective prosecution arising from an unrelenting pressure campaign beginning in the last administration,” which they argue is a violation of the Fifth Amendment.
The filing requests subpoenas for Trump, former U.S. Attorney General Bill Barr, former U.S. Deputy Attorney General Richard Donoghue and Jeffrey Rosen, another former attorney general under Trump.
Biden’s lawyers argue that Republicans continuously wanted more charges against Biden, saying: “it is not just pressure from within the Trump-era Executive Branch that is the problem; it is also incessant, unrelenting outside interference from congressional Republicans.”
Biden is facing three charges tied to his possession of a firearm: two counts of making false statements on a firearms form and one count of possessing a firearm as an unlawful user of a controlled substance. The charges came after a plea deal—that Trump called a “sweetheart deal”—that would have settled the tax and gun charges against Biden fell through. The plea deal fell apart after prosecutors implied Biden could face additional charges because the investigation was still ongoing. The charges stem from a probe into Biden that started under Trump and regarded his financial dealings, but ultimately expanded to encompass his taxes and the 2018 gun purchase. Biden pleaded not guilty to the gun charges—which carry a combined maximum penalty of $750,000 in fines and 25 years in prison—last month. Attorney General Merrick Garland, who was appointed by President Joe Biden, named a special counsel in August to oversee the criminal investigation into the president’s son.